Advocate Dhruv Rohatgi

Questions Answered by Advocate Dhruv Rohatgi

Q: What all rights are acquired by Legal heir

My father left us in 2007 however we got in touch in 2011 when he suffered a massive heart stroke since then we have been in touch over the call and have even met 5-6 times. My father had few FD had bought a property along with insurance policy wherein he nominated me for everything now he’s expired and my paternal uncle claims that my father left a will before his death giving all property to him? How is this possible when my father made me a nominee of everything ?? What needs to be done shall I file a FIR & get post mortem done as I fear he may have been killed due to property??

Advocate Dhruv Rohatgi answered
Nomination does not create absolute rights. In case of no will, all legal heirs inherit shares equally. U are class 1 heir and in the event there is no will, class 1 heirs inherit the complete share equally and ur uncle will get nothinhg. But if the will is found genuine then the inheritance will be as per the will. U should immediately file a suit for declaration and partition.

Q: Rights of grand children on the property of maternal grandfather

My mother died before her father's demise. Her father purchased a property. My mother was having 9brothers and sisters. One of my maternal uncle was occupying the house. Understand there was no will and partition deed have not been done. Now the said property has been given to builder on development. Can we have a claim on the said property as grand children and my mother expired before my grand father expired. I need your advice. Thanks

Advocate Dhruv Rohatgi answered
HiYes you do have a claim in the property. Your mother was a legal heir to your father and may or may not have died before her father. Your mother had an equal share as that of her other brothers and sisters. After your mother, you and your siblings have a share. In fact, the property should not have been given for development without ypur consent, if your grandfather has died without a will, as you are a co owner.

Q: What is meant by appearance in person or pleader

You are hereby required to appear in person or by pleader. What does this mean ? Is this me that I and my lawyer both have to go or only my lawyer have to go only.

Advocate Dhruv Rohatgi answered
This sort of a statement is mentioned on court summons. It means that on the date of hearing you have to be present in court personally or you can appoint a lawyer and he can represent you. In this scenario, you may ir may not appear if you are being represented by a lawyer.

Q: Daughter of uncle claiming rights on property transferred by him

Dear Sir, I had an uncle (blood brother of my father) who willing living with me and they had one daughter.My grandfather had 22 acre land which divided legally as partition between three brothers(my father and two uncle). its documented and document is registered and hold legal validity.As my uncle staying with me he willfully given his land to me through purchase(Sale) deeds...i received same ..it transferred my name even on 7/12 extract (MH) and i am taking loan on that also.Now his daughter claim that land and sue me ...but my uncle had never will to give so...can you suggest the best way for me ? For any further clarification you can contact me.

Advocate Dhruv Rohatgi answered
Hi. Having gone through your query, it appears that you hold title over the lands in your name. Thus as on date you are the legal owner having all rights and better than anyone else because of the sale deeds in your favour. It is very difficult to claim a right in such a case. It would be important to go through the case papers filed by your cousin to see how she is trying to dislodge your rights which are very solid due to sale deeds. You can consult me in person. My details are available on the lawrato platform.

Q: Registration and distribution of grandmother's property

Hi, I want some information regarding property and registry of house. We have a 100 square feet property which was registered to my grandmother name. Now one year later she was dead but she didnt registered the property to their sons. She have two sons and three daughter. All married. Now my uncle (Chacha) fighting for the property. He captured the registry also. I want to know how the distribution settled between the two. And does he misuse the registry of a house. Or does he capture the whole property by having the registry which is my dadi's named

Advocate Dhruv Rohatgi answered
himere keeping of registry does not confer title. if your grandmother did not have a will then all legal heirs i.e sons and daughters will have equal share in the property . If your chacha is trying to usurp the property then it is advisable that a suit for partition should be filed claiming share in the property.